Mr Tayo Oyetibo (SAN), lead defence counsel to a property developer Alex Ochonogo standing trial before the Lagos State High Court sitting at Tafawa Balewa Square over allegations of forgery and willful destruction of property yesterday declared that reinvestigating a matter already before the court was an abuse of court process.
Oyetibo’s reaction followed the decision to adjourn the case, in which his client and two lawyers – Ademola Owolabi and Adebayo Akeju are standing trial jointly for the alleged offences. The three defendants were arraigned on a five-count charge bordering on conspiracy to commit forgery, forgery, and willful destruction of property.
The charges were filed by the Lagos State Government under suit number LD/23611C/2024.
According to the prosecution, the case involves the alleged forgery of land documents and the demolition of a property located in the Lekki area of Lagos.
When the matter came up on Monday before Justice Sherifat Sonaike, the Director of Public Prosecution(DPP), Dr Babajide Martins, asked the court for an adjournment at the instance of the State Attorney General, a request Oyetibo protested, calling it an oppression and abuse of court processes.
Dr Martins informed the court that the State Attorney General and Commissioner for Justice, Alhaji Lawal Pedro (SAN) has directed the police to re-investigate the matter.
He said: “The matter is not going on as the AG has directed that the police re-investigate it. I would like to ask for an adjournment for a couple of months so that the police can carry out the investigation.”
The first defendant’s counsel, Dr Abiodun Layonu (SAN), and the second defendant’s counsel M. A. Bashua (SAN), did not object to the adjournment.
But the third defendant’s (Ochonogor) counsel Oyetibo (SAN), who also did not object to the adjournment said the move by the prosecution was an oppression and an abuse of court processes.
Oyetibo said: “We see this as an oppression. It’s an abuse of the court processes. You cannot file a matter and then now ask the police to reinvestigate it. The case shouldn’t have come to the court in the first place if it has not been investigated”.
In his reply, Dr Martins said the issue of reinvestigation was instigated by the first defendant’s counsel and denied any allegation of oppression.
“We are not bound by the AG. It is an abuse to arraign them when there is no proof,” Oyetibo countered.
The trial judge, Justice Sonaike said she was aware that it was Dr Layonu, the first defendant’s counsel who said there was a letter that the case needs to be re-investigated, but the state said they were not aware then.
Oyetibo, however, stated that if the defence were aware of the letter and the state was not aware, then there is a problem. He stated that the police have already investigated the case and so, trial should commence.
Consequently, Justice Sonaike adjourned the matter till January 12, 2026, to enable the Police to write to the prosecution and for further report.
By this protest, it means that the AG should stop further police investigation and allow the trial to continue since, according to the defence, they are ready to prove their innocence in court.
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